The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act was first intro-

duced in 1994 to regulate the use of prenatal diagnostic techniques in India, with the objective of
preventing their misuse for sex selection and addressing the country’s gender imbalance.

Origin and Background of the Act

1. Gender Imbalance: India has historically faced a strong cultural preference for male children.
Practices like sex-selective abortion have contributed to an increasingly skewed gender ratio, lead-
ing to severe social implications.

2. Technological Advancement: The 1980s saw the widespread availability of ultrasound technol-
ogy, which, though intended for medical diagnostic purposes, began to be misused to determine the
sex of the fetus, resulting in the abortion of female fetuses.

3. Need for Regulation : As evidence mounted about the misuse of prenatal diagnostic techniques,
advocacy groups, women’s organizations, and the medical community urged the government to en-
act legislation to curb such practices. The Act was passed in 1994, becoming The Pre-Natal Diag -
nostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (PNDT Act).

Amendment in 2002:
The 2002 Amendment was introduced to strengthen the Act and close existing loopholes. It intro-
duced stricter regulations and penalties and expanded oversight mechanisms.

Key Provisions of the 2002 Amendment

The 2002 Amendment not only strengthened the law but also rebranded it as the Pre-Conception
and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (PCPNDT Act), ex-
tending the prohibition to pre-conception sex selection as well.

1. Objective and Scope:

Primary Objective : To prohibit sex selection before or after conception and regulate prenatal di-
agnostic techniques to ensure they are not used for sex determination.
Scope Extended : The amendment extended the Act’s scope to pre-conception techniques (e.g.,
sperm selection), as well as traditional prenatal techniques, which further strengthened the law.

2. Central Supervisory Board:

- The Amendment empowered the Central Supervisory Board to monitor the implementation of
the Act, advise on policy matters, and promote public awareness.
- The Board also regulates the registration of genetic counselling centres, genetic laboratories, and
clinics that offer prenatal diagnostic services.

3. Registration of Clinics and Practitioners :

- The Amendment required that all genetic counselling centres, clinics, and laboratories in-
volved in prenatal diagnosis be registered under the Act.
- Only qualified and registered medical practitioners are permitted to conduct prenatal diag-
nostic procedures, and the registration must be prominently displayed at each facility.

4. Prohibition of Sex Determination:

- The Act strictly prohibits the use of any diagnostic techniques for determining the sex of the fe -
tus, such as ultrasound, amniocentesis, and other procedures.
- Clinics must display notices declaring that sex determination is illegal and ensure all staff and
patients are aware of this.
5. Maintenance of Records:
- The law mandates that detailed records of each diagnostic procedure be maintained, including
the name, age, and address of the woman, details of the doctor, and the reason for the test.
- Failure to maintain these records is punishable and allows authorities to monitor for potential
misuse.

6. Punishments and Penalties:

- The penalties were made more severe under the Amendment, with a first offense resulting in up
to three years of imprisonment and a fine up to Rs. 50,000.
- For repeat offenders, penalties increase to up to five years of imprisonment and fines up to Rs.
100,000.
- Practitioners found violating the Act face cancellation or suspension of their medical license by
the Medical Council of India (MCI).

7. State-Level Supervisory Authorities:

- The Act requires the establishment of State Supervisory Boards to ensure effective implementa -
tion at the state level, with regular monitoring of clinics to ensure compliance.

8. Role of Courts:
- The Act provides that complaints can only be filed in designated courts. Only authorized officers
are permitted to file cases, thus streamlining the legal process and ensuring cases are backed by evi-
dence.

Important Sections and Articles of the Act

1. Section 3: Limits the use of prenatal diagnostic techniques to specific medical conditions, such as
the risk of genetic abnormalities, metabolic disorders, chromosomal abnormalities, or sex-linked
diseases.

2. Section 4: Specifies that prenatal diagnostic procedures can only be carried out by a registered
medical practitioner and strictly for medical reasons.

3. Section 5: Requires written consent from the pregnant woman before any diagnostic procedure
and mandates that the clinic explain the risks involved.

4. Section 6: Explicitly prohibits the use of prenatal diagnostic techniques for the purpose of deter-
mining the sex of the fetus.

5. Section 23: Lays out the penalties for offenses, including imprisonment and fines, for individuals
and clinics that violate the Act.

6. Section 27: States that the court shall presume, unless proven otherwise, that the accused person
intended to commit an offense if the procedure was performed in violation of the Act

Significance and Impact of the Act

The PCPNDT Act of 2002, along with its rigorous monitoring mechanisms, has had a significant
role in raising awareness about the issue of sex-selective abortion and promoting gender equality. It
has contributed to reducing practices of sex determination, although enforcement challenges remain
due to the high demand for such procedures.
1. What is the primary objective of the Pre-Natal Diagnostic Techniques (Regulation and Preven-
tion of Misuse) Amendment Act, 2002?
- a) To promote prenatal diagnostic techniques for medical advancements
- b) To regulate the use of prenatal diagnostic techniques and prevent misuse for sex selection
- c) To provide incentives for prenatal testing services
- d) To restrict diagnostic testing centers from operating without a license

Answer: b) To regulate the use of prenatal diagnostic techniques and prevent misuse for sex selec-
tion

2. Which of the following actions is prohibited under the Act?

- a) Genetic testing for inherited diseases
- b) Use of diagnostic techniques to determine the sex of the fetus
- c) Conducting ultrasound for medical reasons during pregnancy
- d) Issuing licenses to registered clinics for genetic counseling

Answer b) Use of diagnostic techniques to determine the sex of the fetus

3. Under the Act, which authority is primarily responsible for the regulation and monitoring of pre-
natal diagnostic techniques?
- a) The National Board for Women’s Rights
- b) State Medical Councils
- c) The Central Supervisory Board
- d) Ministry of Health and Family Welfare

Answer: c) The Central Supervisory Board

4. What is the punishment for a person who contravenes the provisions of this Act, such as using di-
agnostic techniques for sex determination?
- a) Fine up to Rs. 10,000
- b) Fine and imprisonment up to three years for first offense
- c) Life imprisonment
- d) Suspension of medical license only

Answer:b) Fine and imprisonment up to three years for first offense

5. Which of the following is required for a clinic or laboratory to legally perform prenatal diagnos-
tic procedures?
- a) A certificate of registration under the Act
- b) Only a licensed ultrasound machine
- c) The presence of at least two certified technicians
- d) Approval from the State Health Ministry

Answer: a) A certificate of registration under the Act

6. Who can conduct a prenatal diagnostic procedure according to the Act?

 - a) Any technician with knowledge of ultrasound operation
- b) A registered medical practitioner with special qualifications and training in diagnostic tech -
niques
- c) A nurse with three years of experience
- d) Any staff at the clinic with training in operating the equipment

Answer: b) A registered medical practitioner with special qualifications and training in diagnostic
techniques

7. Which of these prenatal diagnostic procedures is permitted under the Act?

- a) Ultrasound to determine the sex of the fetus
- b) Amniocentesis for detecting genetic abnormalities
- c) Chorionic villus sampling for gender selection
- d) All prenatal tests to identify the sex of the fetus

Answer: b) Amniocentesis for detecting genetic abnormalities

8. Under the Act, records of every prenatal diagnostic procedure must be maintained by:
- a) The patient undergoing the procedure
- b) The person performing the procedure
- c) Both patient and practitioner for transparency
- d) None, as records are not mandatory

Answer:b) The person performing the procedure

9. The Act mandates that each registered clinic display a sign stating:
- a) "No medical tests available here."
- b) "Sex determination is prohibited here."
- c) "Only genetic counseling available."
- d) "Women’s health clinic."

Answer: b) "Sex determination is prohibited here."

10. Which amendment was specifically introduced to curb the misuse of prenatal diagnostic tech-
niques for sex selection?
- a) The Medical Termination of Pregnancy Act
- b) The Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act,
2002
- c) The Prohibition of Child Marriage Act
- d) The National Health Act, 2005

Answer:b) The Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment
Act, 2002

1. Under which section of the PCPNDT Act is the use of prenatal diagnostic techniques restricted to
specific medical conditions, such as genetic abnormalities?
 - a) Section 3
- b) Section 4
- c) Section 5
- d) Section 6

Answer:a) Section 3

2. Which section of the PCPNDT Act mandates that written consent must be obtained from the
pregnant woman before any prenatal diagnostic procedure is performed?
- a) Section 3
- b) Section 4
- c) Section 5
- d) Section 6

Answer:c) Section 5

3. Which section of the PCPNDT Act explicitly prohibits the use of prenatal diagnostic techniques
for determining the sex of the fetus?
- a) Section 3
- b) Section 4
- c) Section 5
- d) Section 6

Answer:d) Section 6

4. What does Section 23 of the PCPNDT Act specify?

- a) Conditions for using prenatal diagnostic techniques
- b) Penalties for violations of the Act
- c) Guidelines for qualified practitioners
- d) Consent requirements for prenatal diagnostic procedures

Answer:b) Penalties for violations of the Act

Application-Based MCQs

1. A patient visits a clinic requesting a prenatal diagnostic test to check for chromosomal abnormali-
ties. The clinic refuses to perform the test, stating it is not licensed for such procedures. Which sec-
tion of the PCPNDT Act mandates clinic registration for conducting prenatal diagnostics?
- a) Section 3
- b) Section 4
- c) Section 5
- d) Section 6

Answer: b) Section 4

2. Dr. Mehta performed an ultrasound for a pregnant woman and informed her husband of the fe-
tus’s sex during the consultation. Which section of the PCPNDT Act has Dr. Mehta violated, and
what could be a potential consequence under this section?
- a) Section 3 – Fine only
 - b) Section 5 – Warning only
- c) Section 6 – Fine and/or imprisonment
- d) Section 4 – License suspension only

Answer: c) Section 6 – Fine and/or imprisonment

3. A registered clinic fails to maintain records of each prenatal diagnostic procedure performed on
pregnant women. This is discovered during a government inspection. Which section of the Act re-
quires clinics to keep detailed records, and what is a possible consequence of this violation?
- a) Section 23 – Fine and/or imprisonment
- b) Section 3 – Warning and closure of the clinic
- c) Section 6 – Temporary suspension
- d) Section 4 – Legal notice and penalty

Answer: a) Section 23 – Fine and/or imprisonment

4. A woman undergoes a prenatal diagnostic test without being informed about the risks involved in
the procedure. Which section of the PCPNDT Act emphasizes the importance of obtaining written
consent from the woman after providing her with relevant information?
- a) Section 3
- b) Section 4
- c) Section 5
- d) Section 6

Answer: c) Section 5